Code
Whoever, being a public servant, and being, as 1 [such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record] in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Explanation
- This section deals with the offense of a public servant intentionally preparing a false document to harm another individual.
- The key elements of this offense are:
- The offender must be a public servant.
- The offender must intentionally prepare a false document.
- The offender must intend to cause injury to someone by framing this incorrect document.
Illustration
Consider a scenario where a police officer, aiming to frame a suspect for a crime, creates a false witness statement implicating the suspect. The officer’s intention is to ensure the suspect’s wrongful arrest and conviction. This act would fall under IPC 167, as the officer is a public servant, intentionally framed a false document (the witness statement), and did so with the intent to injure the suspect.
Common Questions & Answers
Q: What is considered an “incorrect document”?
A: It can include any written or digital document, like reports, certificates, legal papers, etc., that intentionally contains false information.
Q: What constitutes “injury” in this context?
A: Injury can be physical, financial, reputational, or any other kind of harm caused by the false document.
Q: Is the intent to cause injury essential for this offense?
A: Yes, proving the offender’s intention to cause injury is crucial. It can be inferred from their actions, surrounding circumstances, and potential motives.
Q: What are the punishments for violating IPC 167?
A: The punishment can include imprisonment of up to two years, a fine, or both, depending on the severity of the offense and the court’s discretion.
